Archive for the ‘Commercial Workouts’ Category

Commercial loan Workout, a win-win-win

Friday, January 29th, 2010

In our present economy, the commercial loan workout might be the savior we have been looking for. Our economic recovery has only just started and that is after a long period of decline. We are not out of the woods yet. The FFIE (Federal Financial Institutions Examinations Council) sees the currant danger with CRE (Commercial Real Estate) loans and are trying to head them off at the pass. They see them a a delicate straw that can break the camel’s back. This is what they see.

Many of the CRE loans are using the land and equipment as collateral on the loans. Now, however, the value of both has fallen and will not fully recover for a good bit. This is key to why a commercial loan workout is needed. It is really commercial loss mitigation by avoiding industrial short sales. With out it, banks will be forced to close mills and factories for land that has lost value and sell equipment that can not be easily moved. To avoid this problem the government is trying to nudge the banks to work with borrowers of plants and such with a good habit of paying their loans. This lets the companies keep their mills, the banks get paid, and people have jobs. The FDIC see the CRE loans as the mortar that holds the bricks of the wall.

It is the same way banks work with homeowners. In the end it works out better for them to work with the mortgage than to be forced to seize the house, hold it for many months, then sell it for a fraction of it’s value. The commercial loan workout it is the same thing but on a larger scale and is key to the recovery.

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Just in Time: The Prudent Commercial Loan Workout

Thursday, January 14th, 2010

While a prudent commercial loan workout is ultimately designed to help keep business loans from defaulting, there are many avenues that this can take. A commercial loan audit can usually help determine whether your business would benefit from the basic restructuring of the loan or if you might need other potential services that a prudent commercial loan workout can offer.

A commercial loan modification often gives the borrower a chance to lower their payments, lower the interest rate, change the terms of the payment, or set up a significantly lower payment that will eventually balloon in time. Sometimes there is an agreement between the borrower and the lender to change the terms of the loan based on collateral.

In some cases, a prudent commercial loan workout can offer the borrower a chance to simply walk away. When the borrower is well aware that they will not be able to get their business back into anything resembling financial health, the lender is still better served by allowing the borrower to vacate the building while the lender sells the property again. This arrangement saves the lender a great deal in loss mitigation commercial lawyers and procedure fees while it wipes away the debt owed by the borrower without consequence.

This type of arrangement is not in everyone’s best interest. What it does is gives the borrower time to get on his or her feet while the lender gets their requirements met. The borrower does not have to negate any credit charges because it doesn’t reflect on the credit the same way paying the credit card bill late will. In cases like this, a prudent commercial loan workout gives the borrower a safe and ultimately productive way out.

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A Prudent Loan Workout Can Save Your Business

Wednesday, January 13th, 2010

A prudent loan workout may very well be just the arrangement you require in order to save your business. Originated through the lender, this is a way to help relieve some of the financial stress that often goes with the business fallout of an economic crisis. Also known as a prudent commercial loan modification, these loans are strictly for businesses that have been struggling to make reasonable payments to their lender in a timely fashion. In reality, a prudent loan workout may be the only thing that is standing between your business and a going of out business sale.

An FDIC prudent commercial loan workout is started by a forensic review of your books. This way, both you and the lender are completely aware of how much your business is currently making and how much it will be anticipated to make in the next few years as the economic stability regains its footing.

In some cases, a prudent loan workout will result in a temporarily smaller payment now in the structure of a balloon payment. This can be considered a risky maneuver by those who are skating on thin ice and aren’t sure that they will bounce back as anticipated.

The plain and simple truth of the matter is that more businesses need help today than ever before. The lender loses more by having to go through the legal process of a business eviction than it does in rearrangement of the terms of the loan. The ultimate goal of a prudent loan workout is to ensure that both the business owner and the lender can return to seeing eye to eye when it comes to making timely, full payments.

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Commercial Loan Workout Professional And Commercial Loan Modification

Sunday, December 20th, 2009

Hiring a commercial loan workout professional is important in commercial loan modification. Before the professional negotiates with your lender and begin the commercial loan modification process, you will first undergo a consultation and analysis. The loan professional will also look over your loan papers. Before you can start the commercial loan modification process, you must be able to qualify. Once you qualify, the negotiations with lender can begin. The commercial loan workout professional will pre-qualify you depending on the information obtained from you and your loan terms.

When your commercial loan workout professional pre-qualifies you for the process of commercial loan renegotiation, the next step is to officially qualify you to the bank or commercial lender. This will ensure that the lender is willing to discuss options with you regarding your current loan terms. Once you are fully qualified, the negotiations may start.

The loan workout professional will represent you during the negotiation process. He will also make sure that you pass a commercial loan review before the negotiations begin. You can get lower interest rates, extend the terms of your loan, or even lower the amount of the principal. After the negotiations are done, final modifications will be done to restructure your commercial loan. There will be a new loan agreement that will be put into effect.

Having a successful commercial loan modification is better than having your property foreclosed. A foreclosure can destroy credit history and involves a very lengthy process. With the help of a commercial loan workout professional, you can avoid foreclosures.

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Commercial Loan Workout – Restructuring Commercial Loan

Friday, December 18th, 2009

A commercial loan workout or commercial loan renegotiation is needed now more than ever. With the decline of the economic condition, an increase in commercial property foreclosure is imminent. You may have already seen the effect of the global recession to the real estate market. Hundreds and thousands of real estate properties were and are being foreclosed due to the effect of the current economic stress. Likewise commercial property owners are also experiencing the difficulty of paying for their mortgage. As a means to recover their investments, lenders may move to foreclosure commercial properties at default. However, instead of going for foreclosure, a commercial loan workout may be a better option.

A commercial loan workout may be beneficial to both the lender and the borrower. Though commercial loan modification, the borrower may be able to pay off the loan, and the lender may be able to recover his investment. Commercial loan modification involves the coming of terms between lenders and borrowers to restructure commercial real estate loans. It may decrease interest rates and monthly commercial loan payment to help borrowers pay more easily.

In order for loan workout to work, it is important that a borrower and a lender must have communication. To ensure that a borrower continues to pay for the loan, a lender must be able to communicate with the borrower. A borrower, on the other hand, must be willing to negotiate with the lender. By having constant communication, a commercial loan workout may work.

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When a Loan Modification for a Warehouse Is Necessary

Tuesday, December 8th, 2009

The company operating a warehouse that is leased to other companies may find that income from rents have declined because of companies trying to shrink their operations in the effort to become viable again. As a result, the companies using the warehouse may have reduced the amount of space that they require or may even have shut down their operations. Existing tenants may even petition for a decrease in the rent or they will find another warehouse. The final result of all these could be the inability of the warehouse owner to come up with the mortgage payments, thereby causing the property to be in danger of foreclosure.

A possible remedy is through a loan modification for a warehouse that will permit changes to the terms of the loan either permanently or temporarily. For example, the lender may agree that the borrower will only pay the interest for a certain period of time. Ordinarily, lenders are hesitant to agree to a loan modification. This is understandable because the result is the reduction of their monthly cash flow, albeit temporarily.

However, if the lender discovers that the owner is really having problems with the mortgage payments and he observes that the business will become viable if the loan restructuring is allowed, he may agree to the proposal. What the lender wants to ascertain is that the borrower is not just delaying an inevitable foreclosure.

There is also the possibility that the loan is nearing its term, which means that the borrower will soon be required to pay a substantial amount of money to the lender as final payment for the loan. This is known as the balloon payment and what the owner usually does is to refinance the loan or sell the property. However, the financial crisis makes it difficult to find another source of funding. Thus, a loan modification may provide the owner with more time to look for refinancing.

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Advantages Of A Commercial Loan Audit

Tuesday, December 1st, 2009

A commercial loan audit is used to check whether the lender failed to follow certain laws or regulations that would prevent the lender from enforcing the terms of the original agreement. The findings of the audit could be useful when the owner of a commercial real estate wants to get a commercial loan modification. The audit is performed by scrutinizing every word in the loan documents to determine if there are indications of possible violations of the borrower’s rights.

With the unemployment rate still going up despite claims by many economists that the recession is over, the rate of residential foreclosure filings is still going up and it is expected that a new wave of defaults will come from the commercial sector. Commercial establishments are experiencing lower sales because of the financial crisis. Landlords are unable to collect rents, commercial centers have decreased sales, hotels have record high vacancy rates, and warehouses are experiencing a drop in customers.

Unfortunately, the predicted crisis in commercial loans is expected to be worse than the residential housing situation. Analysts estimate that 67 percent of all commercial real estate loans will be delayed in their payments that may ultimately lead to foreclosures. A commercial loan modification may help in reducing the impact of this impending crisis because it will be beneficial to both borrower and lender.

Owners of the commercial properties experiencing negative cash flow are expected to default on the mortgage payments. However, the lower monthly payments that result from a loan modification are designed to help the property owner get back on track. On the other hand, commercial lenders may avoid the costly foreclosure process by agreeing to a loan modification. Lenders are usually reluctant to agree to this kind of transaction but a commercial loan audit may unearth rule violations that may convince the lender to change his stance.

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How Long Does It Take to Work Out a Commercial Mortgage Modification?

Monday, November 30th, 2009

The effects of the financial crisis is also being felt by commercial establishments that have income-producing properties, such as commercial lots, restaurants, office buildings, business complexes, warehouses, investment properties, and shopping centers. The result is that experts are predicting a large wave of defaults involving these commercial loans by 2010 that will naturally worsen the current condition of the economy.

In a commercial mortgage modification, the lender will agree to a temporary or permanent adjustment to some of the terms of the loan to help the business cope with the current financial hardship. The goal of the agreement is to help the business enterprise avoid foreclosure that will permanently terminate the income provided by the property. A foreclosure will also have a negative effect on the lender will not have to initiate foreclosure proceedings that could be very costly and time-consuming.

The usual duration for the completion of a commercial mortgage modification is one to three months. However, this may be prolonged if the lender and borrower cannot accept the proposal made by either party. A substantial percentage of the time will be taken up by putting together the various documents that will accurately present the financial condition of the borrower. After this, the lender will review the information and develop several alternatives that will fit the needs of the borrower. To shorten the process, the borrower should be willing to provide all of the necessary information and should not hide anything from the lender to ensure that the agreement will work.

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Are CMBS Loan Modifications Possible?

Saturday, November 28th, 2009

Commercial mortgage backed securities (CMBS) loans are unique in that there are several legal restrictions that may prevent a modification because the investments of the CMBS shareholders need to be protected. However, this may still be possible through the special servicer although the process is complex.

The CMBS are a collection of mortgage loans that have been pooled together and are under the supervision of a trust. It is this trust which sells the bonds to investors. This provides the benefit of having a larger amount of money that could be used for commercial mortgage loans. However, because the earnings of the investors are directly affected by the income from the loans, there are several impediments against changing the loan terms.

The restrictions come from the rules of the IRS, the Pooling and Servicing Agreement (PSA), and the Real Estate Mortgage Investment Conduit (REMIC). However, some of these impediments may be avoided if these have been addressed in advanced in the loan agreements. The authority over CMBS loans that are in default may also be transferred from the master servicer to a special servicer. The special servicer is authorized to make certain changes to the terms of the loan if it is determined that it will be to the best interests of the bond investors.

Unfortunately, borrowers of CMBS loans are often unaware of the identity of the special servicer. Moreover, most borrowers are not familiar with the complex fiduciary responsibilities of these special servicers have with the various classes of shareholders that make up the REMIC. Most borrowers will also be unaware of the scope of the authority that servicers have regarding loan restructuring. To remedy this situation, the services of a commercial loan modification professional may be required to ensure that the borrower is informed of all the possible options and therefore make the proper choice.

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How Do You Qualify for a Commercial Mortgage Modification?

Friday, November 27th, 2009

Owners of income-producing real estate properties, such as strip malls, shopping centers, office buildings, restaurants, apartments, hotels and multi-tenant buildings, are also feeling the effects of the financial crisis and many commercial real estate loans that are due in 2010 are in danger of default. Banks and lenders may be willing to change the terms of the loan to help the borrower avoid foreclosure. The benefit for the lender is that there will be not need to start foreclosure proceedings that are usually expensive and require a lot of effort.

The commercial mortgage modification is different from residential loan modification in that the former is used to help a business remain viable. Through the alteration of the loan terms, the business will be expected to maintain a positive cash flow that will allow it to go on with the monthly payments, although the amount could be lower.

To be eligible for the mortgage modification, the business has to show that it is undergoing or will soon be undergoing financial hardship. However, the owners and managers should demonstrate that the cash flow will be sufficient for paying the modified monthly amount. For apartment buildings and other businesses depending on rent, some of the documents needed include the historical rent roll, the present rent roll, the present mortgage statement, the current report on income and expenses, the personal financial statement of the borrower, and the tenant profiles. The approval or disapproval of the commercial mortgage modification is usually based on the vacancy rate, borrower strength, and the net operating income.

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